FERPA Policy

I. FERPA Overview

The Family Educational Rights and Privacy Act of 1974 (FERPA) as amended, 20 U.S.C. 1232g, and the regulations of the U.S. Department of Education, 34 C.F.R. Part 99, affords students attending, or who have attended, certain rights with respect to their education records. Students are considered to be “in attendance” once they have registered for courses for their initial term of enrollment.

II. Definitions

Directory Information. Directory information is that information that is customarily made public without the written consent of the student. Directory information is defined as the student’s:

Name;
address;
telephone number;
email address;
date and place of birth;
major field of study;
enrollment status (full-time, part-time, undergraduate, graduate);
participation in officially recognized activities and sports;
weight and height (if an athletic team member);
dates of attendance;
degrees, honors, and awards received;
most recent previous educational agency or institution attended;
photographic, video or electronic images that are taken and/or
maintained by the University; and
other similar information.

Education records. The term means those records that are directly related to a student and maintained by the University or by a party acting for the agency or institution. Education records do not include:

Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person.
Law enforcement or campus security records that are solely for law enforcement purposes and maintained solely by the law enforcement unit;
Records relating to an individual who is employed by an educational agency or institution (unless the employment is contingent on their status as a student) and that:
1. Are made and maintained in the normal course of business;
2. Relate exclusively to the individual in that individual’s capacity as an employee; and
3. Are not available for use for any other purpose.
Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity for the treatment of a student and disclosed only to individuals providing treatment;
Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student (e.g., alumni records); and
Grades on peer-graded papers before they are collected and recorded by a teacher.

(Authority: 20 U.S.C. 1232g(a)(4))

Personally Identifiable Information. Personally Identifiable Information (“PII”) means the data or information that includes:

The name of the student’s parent or other family members;
A personal identifier, such as the student’s social security number, student number, or other biometric record (that is not directory information);
A list of personal characteristics or other indirect identifiers that would make it possible to identify the student with reasonable certainty; and
other information which would make it possible to identify the student with reasonable certainty.

(Authority: 20 U.S.C. 1232g)

III. Student Rights for Education Records

Students have the following rights under FERPA:

The right to inspect and review the student’s educational records.
The right to request an amendment of the student’s educational records to ensure they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights.
The right to consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent.
The right to file with the U.S. Department of Education a complaint regarding an alleged violation under FERPA or its implementing regulations. The department’s address is:
U.S. Department of Education Student Privacy Policy Office 400 Maryland Ave, SW Washington, DC 20202-8520.

A. Procedures for Inspecting Records

Any student who desires to review his or her educational record may make a written request to the University Registrar’s Office. The Registrar’s Office will make arrangements for access and shall provide the opportunity to the student to inspect and review the record in not more than 45 days.

B. Procedures for Seeking Amendment or Correction

Any student who desires amendment or correction of his or her record shall follow the procedure set forth below:

Student shall submit to the Registrar’s Office a written request clearly identifying the part of the record for which they are requesting change and specifying why the student has
reason to believe that the educational record contains information that is inaccurate, misleading, or in violation of the student’s rights of privacy;
The Registrar shall identify the custodian of record and, in conjunction with the custodian of the record, shall decide whether to amend the record as requested within a reasonable time after receiving the request.

If the Registrar decides not to amend the record, the student shall be informed or his or her right to a hearing regarding the amending of the record. In cases regarding academic records, a request for a hearing should be submitted in writing to the Provost. For all other educational records, a request for a hearing should be submitted in writing to the Vice President for Student Affairs.

If a hearing is requested, the University shall follow the procedure set forth below:
1. A hearing shall be held within a reasonable time after the request has been received.
2. The student shall be given notice of the date, time, and place, reasonably in advance of the hearing.
3. The Provost or Vice President for Student Affairs will determine the school official who will conduct the hearing; the school official must be an official of the institution who does not have a direct interest in the outcome of the hearing.
4. The student may present relevant evidence and may be assisted by individuals of their choice at the hearing.
5. The official in charge of the hearing shall make his or her decision in writing within a reasonable period of time after the hearing.
6. The decision must be based solely on the evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.
Note: The above procedure shall not be available to challenge the validity of a grade given by a professor or any other decision of a University professor or official but only whether the recording of such grade or decision is accurate and complete.

C. Release of Student Information

FERPA requires that the student give written permission for the release of “any personally identifiable information” other than general “directory information.” This permission should specify the records to be released, the purpose of the release, identify the party or class of parties to whom the release should be made, and be signed and dated by the student. A release authorizes, but does not compel, the University to disclose records to the identified party.

Upon receiving a written authorization for release of records received from third parties, the University will take reasonable efforts to verify the authenticity of the authorization. Unless a request specifically prohibits the University from doing so by subpoena, court order, or the like, the University will take reasonable steps to notify the student, confirm the validity of the written authorization, and provide a window for the student to object to release of student information.

D. Request to Protect Directory Information

A student may request that directory information, in part or in whole, be withheld from disclosure by providing a specific written request to the Office of the Registrar on or before the

last day of late registration each term. Such a request is valid until revoked in writing by the student. If no request is filed with the Registrar’s Office, the University may release directory information to the general public upon inquiry.

E. Exceptions: When the University Does NOT Require Prior Consent from Student to Disclose Personally Identifiable Information

The University may disclose personally identifiable information from the education records of one of its students without the written consent if the disclosure meets one or more of the following conditions:

The disclosure is to other University officials, including faculty, whom the University has determined to have legitimate educational interests.
1. Legitimate educational interest is when a school official requires a student’s educational record in the course of performing his or her duties for the University. A contractor, consultant, volunteer, or other party to whom University has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party: (1) is subject to the University’s FERPA Addendum; (2) Performs an institutional service or function for which the University would otherwise use employees; (3) is under the direct control of the University with respect to the use and maintenance of education records.
2. The University must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.
The disclosure is, subject to the requirements of section §99.34 of FERPA, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
1. As required by Texas Education Code Section 51.9364, the University will place a notation on a student’s transcript and place a hold on the student’s registration and/or transcript if the student is ineligible to reenroll at the University due to a Student Conduct Code sanction of suspension or expulsion. For a full description regarding this policy, please review DBU’s Sexual Misconduct Policy.
The disclosure is, subject to the requirements of §99.35, to authorized representatives of:
1. The Comptroller General of the United States;
2. The Attorney General of the United States;
3. The Secretary; or
4. State and local educational authorities.
The disclosure is in connection with financial aid (meaning payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an educational agency or institution. for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
1. Determine eligibility for the aid;
2. Determine the amount of the aid;
3. Determine the conditions for the aid; or
4. Enforce the terms and conditions of the aid.
The disclosure is to State and local officials or authorities to whom this information is specifically:
1. Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or
2. Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of FERPA.
The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:
1. Develop, validate, or administer predictive tests;
2. Administer student aid programs; or
3. Improve instruction.
  The University may disclose personally identifiable information under this section, and a State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section may redisclose personally identifiable information under paragraph (a)(6)(i) and (a)(6)(ii) of this section, only if:
  1. The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information;
  2. The information is destroyed when no longer needed for the purposes for which the study was conducted; and
  3. The University enters into a written agreement with the organization that:
    1. Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;
    2. Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;
    3. Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; and
    4. Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.
  The University is not required to initiate a study or agree with or endorse the conclusions or results of the study. If the Department of Education Office determines that a third party outside the University to whom information is disclosed under this paragraph violates FERPA, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years. For the purposes of this section, the term organization includes, but is not limited to, federal, state, and local agencies, and independent organizations.
The disclosure is to accrediting organizations to carry out their accrediting functions.
The disclosure is to parents, as defined in section §99.3 of FERPA, of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986.
The disclosure is to comply with a judicial order or lawfully issued subpoena.
1. The University may disclose information under this paragraph only if it makes a reasonable effort to notify the eligible student of the order or subpoena in advance of compliance, so that the eligible student may seek protective action, unless the disclosure is in compliance with:
  1. A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
  2. Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
  3. An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
    If the University initiates legal action against a parent or student, the University may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff.
    
    If a parent or eligible student initiates legal action against the University, the University may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the University to defend itself.
The disclosure is in connection with a health or safety emergency, under the conditions described in FERPA.
The disclosure is information the University has designated as “directory information,” under the conditions described in section §99.37 of FERPA.
The disclosure is to the student.
The disclosure, subject to the requirements in section §99.39 of FERPA, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense.
1. The disclosure may only include the final results of the disciplinary proceeding conducted by the University with respect to that alleged crime or offense. The University may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.
The disclosure, subject to the requirements in section §99.39 of FERPA, is in connection with a disciplinary proceeding at the University. However, the University must not disclose the final results of the disciplinary proceeding unless it determines that:
1. The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and With respect to the allegation made against him or her, the student has committed a violation of the University’s rules or policies.
2. The University may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student.
3. This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.
The disclosure is to a parent of a student at University regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance if:
1. The University determines that the student has committed a disciplinary violation with respect to that use or possession; and
2. The student is under the age of 21 at the time of the disclosure to the parent.
The disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the University under 42 U.S.C. 14071 and applicable Federal guidelines.
1. The University must use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the University discloses personally identifiable information from education records.
2. Paragraphs (A) of this section do not require the University or any other party to disclose education records or information from education records to any party except for parties under paragraph (a)(13) of this section.
3. The University shall maintain a record, kept with the education records of each student, which will indicate all individuals, agencies, or organizations which have requested or obtained disclosure of a student’s education records maintained by the University and the legitimate interests these parties had in requesting or obtaining the information.
  1. A record need not be maintained of:
    1. Requests from or disclosures to a student;
    2. Requests or disclosures pursuant to the written consent of a student;
    3. Requests or disclosures to school officials who have a legitimate educational interest;
    4. Requests or disclosures of directory information; and
    5. Requests or disclosures made in compliance with a subpoena or court order issued for a law enforcement purpose that includes an order that the subject of the subpoena not be notified.

F. Law Enforcement

Law enforcement concerns the violation of law or rules of conduct applicable to all individuals as opposed to internal rules applicable only to students. Records that are created and maintained by DBU’s University Police Department for the purpose of law enforcement are exempt from FERPA guidelines for educational records. Law enforcement records created and maintained by the DBU’s Police Department may therefore be disclosed without the consent of the student.

G. Standing Releases

The University allows students to establish releases of most of their educational records to individuals through completing a FERPA Authorization via Proxy Access. More information about Proxy Access can be found at www.dbu.edu/proxy. Any required FERPA authorizations not covered by Proxy Access, which includes but is not limited to those related to student conduct or student housing, may be accessed by a form provided by the Office of Student Affairs.